R.I. Fam. Ct. R. Dom. Rel. P. 12

(a) When Presented. A

defendant shall serve an answer within twenty (20) days after the service of the

summons, complaint, Language Assistance Notice, and all other required documents

upon the defendant, unless the court directs otherwise when service of process is

made pursuant to an order of court. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within twenty (20) days after

being served. The plaintiff shall serve a reply to a counterclaim in the answer within

twenty (20) days after service of the answer or, if a reply is ordered by the court,

within twenty (20) days after service of the order, unless the order otherwise directs.

The service of a motion permitted under this rule alters these periods of time as

follows, unless a different time is fixed by order of the court:

(1) If the court denies the motion or postpones its disposition until the trial on the

merits, the responsive pleading shall be served within ten (10) days after notice of

the court's action.

(2) If the court grants a motion for a more definite statement, the responsive

pleading shall be served within ten (10) days after the service of the more definite

statement.

(b) How Presented. Every defense, in law or fact, to a claim for relief in any

pleading, whether a claim, counterclaim, or cross-claim, shall be asserted in the

responsive pleading thereto if one is required, except that the following defenses

may at the option of the pleader be made by motion:

(1) Lack of jurisdiction over the subject matter;

(2) Lack of jurisdiction over the person;

(3) Improper venue;

(4) Insufficiency of process;

(5) Insufficiency of service of process;

(6) Failure to state a claim upon which relief can be granted; and/or

(7) Failure to join an indispensable party.

A motion making any of these defenses shall be made before pleading if a further

pleading is permitted. No defense or objection is waived by being joined with one

or more other defenses or objections in a responsive pleading or motion. If a pleading

sets forth a claim for relief to which the adverse party is not required to serve a

responsive pleading, the adverse party may assert at the trial any defense in law or

fact to that claim for relief. If, on a motion asserting the defense numbered (6) to

dismiss for failure of the pleading to state a claim upon which relief can be granted,

matters outside the pleading are presented to and not excluded by the court, the

motion shall be treated as one for summary judgment and disposed of as provided in

Rule 56, and all parties shall be given reasonable opportunity to present all material

made pertinent to such motion by Rule 56. A motion or an answer presenting the

defense of failure of a pleading to state a claim upon which relief can be granted

shall be accompanied by a short, concise statement of the grounds on which such

defense is based.

(c) Motion for Judgment on the Pleadings. After the pleadings are closed but

within such time as not to delay the trial, any party may move for judgment on the

pleadings. If, on a motion for judgment on the pleadings, matters outside the

pleadings are presented to and not excluded by the court, the motion shall be treated

as one for summary judgment and disposed of as provided in Rule 56, and all parties

shall be given reasonable opportunity to present all material made pertinent to such

a motion by Rule 56.

(d) Preliminary Hearings. The defenses, specifically enumerated (1) through

(7) in subdivision (b) of this rule, whether made in a pleading or by motion, and the

motion for judgment mentioned in subdivision (c) of this rule shall be heard and

determined before the trial on application of any party, unless the court orders that

the hearing and determination thereof be deferred until the trial.

(e) Motion for More Definite Statement. If a pleading to which a responsive

pleading is permitted is so vague or ambiguous that a party cannot reasonably be

required to frame a responsive pleading, the party may move for a more definite

statement before interposing a responsive pleading. The motion shall point out the

defects complained of and the details desired. If the motion is granted and the order

of the court is not obeyed within ten (10) days after notice of the order or within such

other time as the court may fix, the court may strike the pleading to which the motion

was directed or make such order as it deems just.

(f) Motion to Strike. Upon motion made by a party before responding to a

pleading or, if no responsive pleading is permitted by these rules, upon motion made

by a party within twenty (20) days after the service of the pleading upon the party or

upon the court's own initiative at any time, the court may order stricken from any

pleading any insufficient defense, or any redundant, immaterial, impertinent, or

scandalous matter.

(g) Consolidation of Defenses. A party who makes a motion under this rule may

join with it the other motions herein provided for and then available to the party. If

a party makes a motion under this rule and does not include therein all defenses and

objections then available to the party which this rule permits to be raised by motion,

the party shall not thereafter make a motion based on any of the defenses or

objections so omitted, except as provided in subdivision (h) of this rule.

(h) Waiver of Defenses. A party waives all defenses and objections which the

party does not present either by motion as hereinbefore provided or, if the party has

made no motion, in the party's answer or reply, except (1) that the defense of failure

to state a claim upon which relief can be granted, the defense of failure to join an

indispensable party, and the objection of failure to state a legal defense to a claim

may also be made by a later pleading, if one is permitted, or by motion for judgment

on the pleadings or at the trial on the merits, and except (2) that, whenever it appears

by suggestion of the parties or otherwise that the court lacks jurisdiction of the

subject matter, the court shall dismiss the action. The objection or defense, if made

at the trial, shall be disposed of as provided in Rule 15(b) in the light of any evidence

that may have been received.

(i) In those cases filed with the Family Court under the provisions of Title 15,

Chapter 8 (Uniform Law on Paternity), Chapter 9 (Support of Children), Chapter 10

(Support of Parents), Chapter 11.1 (Full Enforcement of Support Obligations), and

Chapter 13 (Divorce or Separation Proceedings — Support for Children Receiving

Public Assistance) the summons served upon a defendant may be made returnable

for a time and day certain as long as the defendant shall have at least twenty days

(20) after service of the summons, complaint, Language Assistance Notice, and all

other required documents upon the defendant to file his or her answer upon the

plaintiff and with the court.